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2025 Supreme(Telangana) 26
IN THE HIGH COURT OF TELANGANA
N.Tukaramji , J.
Edukulla Shiva Kumar - Petitioner
Vs.
The State of Telangana - Respondent
Criminal Petition No. 6384 Of 2025
Decided On : 10-06-2025
Advocate Appeared:
For the Petitioner: BALA MURALI Y
For the Respondent: PUBLIC PROSECUTOR
The proceedings against the petitioner were quashed as they violated prior judicial decisions regarding the sale of banned tobacco products amidst stayed prohibitory orders.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Bharatiya Nyaya Sanhita, 2023 - Sections 274 and 275 r/w 3(5) - Cigarettes and Other Tobacco Products Act, 2003 - Section 20(2) - Quashment of proceedings initiated against petitioner for alleged illegal sale of banned tobacco products. (Paras 1, 2, 9, 10)
(B) Legal principle established - A Coordinate Bench previously quashed similar proceedings, reinforcing that prohibitory orders must be adhered to. (Paras 9, 10, 12)
Facts of the case:
The petitioner, accused of selling banned tobacco products valued at Rs.6,000/-, requested the quashment of proceedings arguing they violated prior judicial orders. (Paras 4, 5, 8)
Findings of Court:
The Court noted the inconsistency of the proceedings with previous rulings and highlighted the Supreme Court's stay on related prohibitory notifications. Resultantly, the petition was allowed. (Paras 13, 14)
Issues: Whether the petitioner’s prosecution should proceed in light of prior court orders and Supreme Court rulings.
Ratio Decidendi: The court concluded that prosecution based on quashed legal provisions is unsustainable, granting liberty to the petitioner for the return of seized property.
Result: Criminal Petition allowed; proceedings quashed.
| Table of Content |
|---|
| 1. petition filed for quashing proceedings against the petitioner. (Para 1 , 2 , 4) |
| 2. court's analysis of prior rulings affecting case relevance. (Para 3) |
| 3. petitioner argues prior quashment of similar proceedings. (Para 5 , 6) |
| 4. prior court decisions impact current case's viability. (Para 7 , 9 , 10 , 11 , 12) |
| 5. proceedings against petitioner are unsustainable. (Para 13) |
| 6. criminal petition allowed, proceedings quashed. (Para 14) |
ORDER :
N.Tukaramji , J.
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS , 2023’) seeking quashment of the proceedings, against the petitioner in Crime No.522 of 2025 of Hayathnagar Police Station, Rachakonda District.
2. The petitioner is accused No.1 in Crime No.522 of 2025 registered for the offences punishable under Sections 274 and 275 r/w. 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS 2023’) and Section 20 (2) of the CIGARETTES AND OTHER TOBACCO PRODUCTS ACT (for short ‘COTPA’) 2003.
3. Heard Mr.Y.Bala Murali, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondents.
4. The prosecution case in brief is that the petitioner/accused No.1 is involved in selling and purchasing the banned Tobacco products and the Police concerned seized the said Tobacco products worth of Rs.6,000/-.
5. Learned counsel for the petitioner would submit that the Coordinate Bench of this Court vide Criminal Petition No.3731 of 2018 and Batch quashed the proceedings against the petitioners therein by passing common order dated 27.08.2018. He further submits that the 2nd respondent has registered the present crime in violation of the orders passed by this Court. Hence, prayed for quashment of the proceedings against the petitioner in the crime.
6. Learned Additional Public Prosecutor would submit that the petitioner has to face either investigation or trial and prove her innocence and instead of doing so, she has filed the present criminal petition, which cannot be considered at this stage.
7. I have perused the materials on record.
8. As per the prosecution, on 22.04.2025 at 13.00 hours, the complainant/Sub-Inspector of Police lodged a complaint alleging that the petitioner is running a kirana shop at Veera Bhadra Nagar, and by purchasing tobacco products banned by the Government from unknown persons, selling the same at his kirana shop. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1) JL-01 Tobacco (1080 Pouches), 2) RR Gold Tobacco-5250 Pouches, 3) SR-1 Tobacco (1050 Pouches), 4) SS-One Tobacco (228 Pouches), 5) KP Tobacco (924 Pouches), 6) Swagath Gold Tobacco (156 Pouches), 7) KP Black Lable (240 Pouches), 8) Raja Tobacco (352 Pouches), 9) Umarao (12 Pouches) 10) Chaini Tobacco (105 Pouches), 11) Amber Tobacco (50 Pouches), 12) V-1 Tobacco (210 Pouches), 13) RR-Tobacco (560 Pouches), 14) Dhopatti (40 Pouches) 15) Miraz Khaini (225 Pouches) 16) KP Double Black (110 Pouches), which were total worth of Rs.6,000/- under cover of panchanama.
9. The related Notification No.501/FSS/I/2022 dated 07.01.2022, prohibiting manufacturing, storing, distribution, transportation and sale of gutka and pan masala in the entire State of Telangana, has been stayed by the Hon’ble Supreme Court of India in Shri Venkateshwara Traders v. State of Telangana and others vide SLA No. 20441 of 2021 with SLP (C) No. 1656 of 2022. Thereafter, the Director General of Police, Telangana State issued Circular Memorandum in RC.No. 295/R1-NS/2022 with directions to the Station House Officers not to interfere with the business activities, who carry out the business as per rules of Food Safety and Standards Authority of India and also not to take any coercive measures against the tobacco traders as long as the orders of the Hon’ble Supreme Court is in force.
10. Having regard to this factual position, a Coordinate Bench of this Court in Crl. Pet.
